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Does the 28 days period of time starts when the reasons are provided?

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  • Does the 28 days period of time starts when the reasons are provided?

    Rule 77 of the Employment Tribunal Regulation 2013 says:

    "77. A party may apply for a costs order or a preparation time order at any stage up to 28 days after the date on which the judgment finally determining the proceedings in respect of that party was sent to the parties"

    Sometimes the reasons for a decision are provided by the Employment Tribunal separately of the judgment.

    Hence, I would like to know if the 28 days period of time starts when the reasons for the decison are provided because the reasons contain important information and a party who wants to make an application for a preparation time order under Rule 77 should have all the information in hand to make an informed decision
    Tags: None

  • #2
    I would like to add that the judge at the end of the hearig gave his reasons and because his reasons were given orally I made an application to be provided with the written reasons Hence, my question is whehter the 28 days time limit starts to run when the writtne reasons were provided to the parties?

    Comment


    • #3
      I would err on the side of caution. If you were given the judgement determining the outcome of the proceedings at the hearing orally then I would start the 28 day clock from then.

      Rule 76 clearly sets out when a costs order or a preparation time order may be made and these do not need the written reasons for the application to be submitted to the Tribunal.
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      Comment


      • #4
        The problem is that a party could have not understood perfectly all what the judge was saying when he was giving his judgment orally and we need to have al information in hand to make an informed decision about whether or not to make an application for a preparation time order.

        Moreover, the time limit to make an applicaiton for reconsideration of a judgment is 14 days from the time when the written reasons are sent to the parties and the time limit to make an appeal to the Employment Aappeal Tribual against a judgment is 42 days from the time when the written reasons are sent to the parites so why the 28 time limiit to make an application for a preparation time order should not start also when the written reasons are sent o the parties ?

        A solution to this problem could be to find previous cases concerning this same issue

        Comment

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